WQCSD0732_NOV-2021-DV-0171_20210319

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.iourrnot
MICHAEL S. REGAN
Secrulory
S. DANIEL SMITH
Diremor
NOR 11-1 CAROLINA
Environmental Quality
CERTIFIED MAIL: 7017 2680 0000 2219 4728
RETURN RECEIPT REQUESTED
March 19, 2021
James Paliouras
Paliouras Enterprises LLC
1450 Environ Way
Chapel Hill, NC 27517
SUBJECT: NOTICE OF VIOLATION & INTENT TO ISSUE CIVIL PENALTY
Tracking No.: NOV-2021-DV-0171
Sanitary Sewer Overflows _ February 2021
Collection System Permit No. WQCSDO732
1400 / 1404 E Franklin St Sewer Service
Orange County
Dear Mr. Paliouras:
On February 9, 2021, this office was contacted by Chapel Hill Staff about a discharge of wastewater from an aerial
sewer service line over Bolin Creek that serves the building at 1400 and 1404 Franklin St, Chapel Hill.
Since the sewer line is privately owned by you, it is your responsibility to operate and maintain this sewerline.
Because the line serves less than 200,000 gallons per day, the lime is considered Permitted by Regulation (Deemed
Permitted, Permit # WQCSD0732) and must meet the requirements of Rule 15A NCAC 02T .0403 (Attached).
The Sanitary Sewer Overflow (SSO) that occurred constitutes a violation of NCGS 143-215.1 (a) (1) and 15A NCA'C
02T .0403 (a) (1). In addition, a file review failed to reveal the receipt of a 24 notification or a 5-day written
report detailing the sewer spill as required by 15A NCAC 02T .0403 (7). These Statutes and North Carolina
Administrative Code violations states the following:
915A NCAC 02T .0403 (a) (1) "The sewer system is effectively maintained and operated at all times to prevent
discharges to land or surface waters, and to prevent any contravention of groundwater standards or surface
water standards." (see Attachment C for this and other requirements)
915A NCAC 02T .0403 (a) (7) "Overflows and bypasses are reported to the appropriate Division regional office in
accordance with 15A NCAC 02B .0506 (a), and public notice is provided as required by G.S. 143-215.1 C (also
see Attachment B for Reporting Requirements)

•15A NCAC .0213 .0506 (a) (2) "Every person subject to this Section shall report by telephone to either the central
office or appropriate regional office of the Division as soon as possible but no later than 24 hours after
occurrence or the next working day (however, if the occurrence is one which may endanger the public health ,
or fish or wildlife, and contact with the central office or the appropriate regional office cannot be made, such
persons shall report as soon as possible to the State Highway Patrol Warning point in State 1-800-622 7956 or
out of state [phone]) following the occurrence of or first knowledge of the occurrence of any of the
following:
(A)Any failure of a collection system, pumping station or treatment facility resulting in a by-pass without treatment
of all or any portion of the wastewater.
e15A NCAC 02B .0506 (a) (3) "Persons reporting such occurrences by telephone shall also provide a written report
to the Division in letter from setting out the information required in Subparagraph (a) (4) of this rule and
pertinent information pertaining to the occurrence. This report must be received by the Division within five
days following first knowledge of the occurrence."
The Raleigh Regional Office is providing the Paliouras Enterprises LLC an opportunity to provide evidence and.
justification as to why the Paliouras Enterprises LLC should not be assessed a civil penalty for the violation(s) that
are summarized below:
Total Vol
Total Surface
Incident Start Duration Vol Water
Number Date (Mins) Location Cause (Gals) (Gals) DWR Action
202100933 2/16/2021 Lateral over Bolin Creek Pipe Failure (Break) undetermined undetermined Notice of Violation -
Notice of Intent
This Notice of Violation / Notice of Intent to Enforce (NOV/NOI) is being issued for the noted violation. Pursuant
G.S. 143-215.6A, a civil penalty of'not more than twenty-five thousand dollars ($25,000.00) may be assessed
_,;. inst any person who violates or fails to act in accordance with the terms, conditions, or requirements of any
permit issued pursuant to G.S. 143-215.1.
Again, please note that this system is Permitted by Regulation (Deemed) and must meet all the requirements of
15A NCAC 02T .0403 (attached), including inspection and accompanying documentation of all high priority lines, of
which this aerial I ine is considered.
This office requests that you respond to this Notice in writing within 10 business days of its
all other actions taken to prevent the recurrence of similar situations The response to this
correspondence will be considered in this process. Enforcement decisions will also be based on volume spilled,
volume reaching surface waters, duration and gravity, impacts to public health, fish kills or recreational area
closures. Other factors considered in determining the amount of the civil penalty are the violator's history of
non-compliance, the cost of rectifying the damage, whether the spill was intentional and whether money was
saved by non-compliance.
If you have any questions, please do not hesitate to contact Mitchell Hayes with the Water Quality Section in
the Raleigh Regional Office at 919-791-4200 or via email at [e-mail].
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Sincerely,
v
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: Raleigh Regional Office - WQS File
Laserfiche
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15A NCAC 02T .0403 PEWMITTING BY REGULATION
(a) Collection systems having an actual, permitted or Division approved average daily flow less than 200,000
gallons per day are deemed permitted pursuant to Rule .0113 of this Subchapter provided the system meets the
criteria in Rule .0113
of this Subchapter and all specific criteria required in this Rule:
(1) The sewer system is effectively maintained and operated at all times to prevent discharge to land or
surface waters, and to prevent any contravention of groundwater standards or surface water standards.
(2) A map of the sewer system has been developed and is actively maintained.
(3) An. operation and maintenance plan including pump station inspection frequency, preventative
maintenance schedule, spare parts inventory and overflow response has been developed and implemented.
(4) Pump stations that are not connected to a telemetry system (i.e., remote alarm system) are inspected by
the permittee or its representative every day (i.e., 365 days per year). Pump stations that are connected to a
telemetry system are inspected at least once per week.
(5) High -priority sewers are inspected by the permittee or its representative at least once every six -months
and inspections are documented. i
(6) A general observation by the permittee or its representative of the entire sewer system is conducted at
least once per year.
(7) Overflows and bypasses are reported to the appropriate Division regional office in accordance with
15A NCAC 02B .0506(a), and public notice is provided as required by G.S. 143-215.1 C.
(8) A Grease Control Program is in place as follows:
(A) For publicly owned collection systems, the Grease Control Program shall include at least biannual
distribution of educational materials for both commercial and residential users and the legal means to
require grease interceptors for new construction and retrofit, if necessary, of grease interceptors at existing
establishments. The plan shall also include legal means for inspections of the grease interceptors,
enforcement for violators and the legal means to control grease entering the system from other public and
private satellite sewer systems.
(° (B) For privately owned collection systems, the Grease Control Program shall include at least biannual
distribution of grease education materials to users of the collection system by the permittee or its
representative.
(C) Grease education materials shall be distributed more often than required in Parts (A) and (B) of this
Subparagraph if necessary to prevent grease -related sanitary sewer overflows.
(9) Right-of-ways and easements are maintained in the full easement width for personnel and equipment
accessibility.
(10) Documentation shall be kept for Subparagraphs (a)(1) through (a)(9) of this Rule for a minimum of
three years with exception of the map, which shall be maintained for the life of the system.
-(b) Private collection systems on a single property serving an industrial facility where the domestic wastewater
contribution is less than 200,000 gallons per day shall be deemed permitted.
(c) The Director may determine that a collection system should not be deemed to be permitted in accordance with
this Rule and Rule .0113 of this Subchapter. This determination shall be made yn accordance with Rule .01 13(e) of
this Subchapter.
History Note: Authority G.S. 143-215.1(a); 143-215.(a); 143-215.9B;
Eff. September 1, 2006

Reporting Requirements: Sanitary Sewer Overflows (SSO)
Division of Water Resources reporting requirements for Sanitary Sewer Overflows (spills)
1. Did waste reach surface waters?
You must report any amount that reaches. surface waters. You must provide a verbal report within 24 hours
_ � to -the Raleigh Regional Office at-(919) 791=4200. -- - - - — _- - - -- -- - - -
Telephone_ Regional Office within 24 hours of `first knowledge'. (If after hours, Emergency
Alanagentent) (800)-858-0368)
You must follow up with a 5-day written report to the Raleigh Regional Office:
Division of Water Resources
Water Quality - Regional Operations Section
3800 Barrett Drive
Raleigh NC 27609
The report must address the following,information: Location, quantity, water body affected (name of
stream), date and time of occurrence, duration, weather Conditions, spill clean-up and infrastructure repair
information.
2. Is the spill 1000 gallons or more?
Wastewater spills that are 1,000 gallons or greater, whether reaching a stream or surface waters or contained
on dry land must be reported. You must provide a verbal report within 24 hours to the Raleigh Regional
Office at [phone].
Telephone Regional Office within 24 hours of `first knowledge'. (If after hours, Emergency
Management) (800)-858-0368)
You must follow up with a 5-day written report to the Raleigh Regional Office:
Division of Water Resources
Water Quality - Regional Operations Section
3800 Barrett Drive
Raleigh NC 27609
3. NCGS 143-215.1C.(c) (1) and (2)
Press Release = if 1,000 gallons or more of untreated waste are discharged to the surface waters of the
State, the responsible party must provide a news release to all print and electronic news media that
provide general coverage in the county - within 48 hours.
Publish a "Notice of Discharee"=15,000 gallons or more of untreated waste to the surface waters of the
State must be noticed in the newspaper having general circulation in the county in which the discharge
occurred and affected - within 10 days of DENR's approval. A copy of the notice that was placed in the
newspaper must be submitted to the Raleigh Regional Office within 30 days.
If you have questions, please do not hesitate to contact the Raleigh Regional Office for assistance
(9.19) 791_4200. Note: failure to properly report wastewater spills may result in a civil penalty
assessment of up to 525,000.00 per day.